BOMA | Building Owners and Managers Association of San Francisco
Advocate: An Update on Legislative, Regulatory, and Political Issues Affecting Commercial Real Estate
August 31, 2015
Volume 21, Issue 8
BOMA California Advocacy Update
AB 1103 Re-Write, ADA Bill Advances,Water Fixture Replacement Mandate

AB 1103 Mandatory Benchmarking Law Potential Fix


As part of late breaking discussion on a bill relating to energy efficiency, BOMA California members are currently working on a potential deal that would re-write the AB 1103 Mandatory Benchmarking Law. 
 
Many in the commercial real estate industry have found the benchmarking law to be cumbersome and expensive to undertake on multi-tenanted buildings. The law also forces properties to benchmark event when a building has been vacant and a benchmark would not produce particularly helpful information. Under the framework of language, benchmarking would still be mandatory in California, however, time-of-sale/lease triggers would be removed and the Energy Commission would have more flexibility to promulgate regulations across the different building types that make more sense than a mandate on “all buildings.” Keep your fingers crossed.
 

ADA Bill Advances 

SB 251 is a bill that BOMA California supports continues to move forward. 
 
Among other reforms, this bill enacts a tax credit for businesses that make accessibility improvements. The bill unanimously passed the Assembly Revenue and Taxation Committee and has also been passed by Assembly Appropriations. The bill is currently awaiting action on the Assembly Floor. 

Click here for press coverage of SB 251.


Water Fixture Replacement Mandated - Must Complete by 2019

As of January 1, 2014, SB 407 (Padilla; Chapter 587, 2009) requires non-compliant plumbing fixtures to be replaced with water conserving plumbing fixtures when a property is undergoing additions, alterations or improvements. Applicants seeking to obtain permits for any of these types of work will be required to replace non-compliant fixtures prior to final permit approval or issuance of a certificate of occupancy by the local building department.

This law applies only to properties built on or before January 1, 1994, and by January 1, 2019, ALL of those pre-1994 buildings must comply with these requirements, regardless of whether or not you are planning to renovate the space.

The California Association of Local Building Officials (CALBO) has worked with some of its local building official members to clarify the requirement. Here is an info sheet from the City of Santa Clara that will help you determine if your building is in compliance or not (but the general rule of thumb is that if it was built after 1994, or has been renovated since then, you will most likely be in compliance)

Plumbing Fixtures Replacement (SB407) for Existing Single/Multi-Family Residential and Commercial Buildings. 

The law does have the following exceptions; per Civil Code Section 1101.7, this article shall not apply to any of the following: a) Registered historical sites; b) Real property for which a licensed plumber certifies that, due to the age or configuration of the property or its plumbing, installation of water-conserving plumbing fixtures is not technically feasible; c) A building for which water service is permanently disconnected; d) Building was built and available for use on or after January 1. 1994

The original bill gave our industry 10 years to comply with this measure, at our request (the bill originally only gave five years to comply). We still believe that is a reasonable time horizon set by the state and continue to encourage our members to make sure you have completed this work within the allotted time frame.
 
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In This Issue
Government Affairs Meeting on September 2nd - Mandatory Disability Access Improvements
•  Legislation Introduced by Supervisor Katy Tang
UPDATE: BOMA SF-PAC Slate Card for the November 3, 2015 San Francisco Municipal Election
•  Endorsed Candidates and Positions on Propositions
BOMA International's Political Action Committee (BOMAPAC) Needs Your Support
•  Jim Collins with Shorenstein is leading the effort for BOMA San Francisco
San Francisco's Transportation Sustainability Program and Transportation Sustainability Fee
•  Including an Update to the Transportation Impact Development Fee Structure
A Message from SFFD Chief Joanne Hayes-White
•  New Assistant Deputy Chief, Division of Fire Prevention and Investigation
BOMA California Advocacy Update
•  AB 1103 Re-Write, ADA Bill Advances,Water Fixture Replacement Mandate
BOMA Protects the Commercial Real Estate Industry - Proposition 13/Split Roll Property Tax
•  California Senate Constitutional Amendment 5
UPDATE: California Proposes New Elevator Maintenance Rules
•  Costs May Increase for Elevator Maintenance
BOMA San Francisco's Drought Coverage
•  San Francisco Public Utilities Commission Ordered Mandatory Water Reduction on July 1, 2015
BART Service Transbay Tube Shutdown
•  September 5-7th
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ADVOCACY EVENTS
•  Energy and Environment Committee Meeting
September 1, 2015
Ferry Building, Port Commission Hearing Room
Please click here for more information.
•  Government Affairs Policy Advisory Committee (GAPAC) Meeting
September 2, 2015
235 Montgomery Street (Russ Building), 7th Floor 
Please click here for more information.
• 
Emergency Preparedness Committee Meeting
September 8, 2015
Location 225 Bush Street, Montgomery Burns Boardroom
Please click here for more information.
• 
Codes and Regulations Committee 
September 23, 2015
650 California Street, Basement Conference Center
Please click here for more information.
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